GENERAL CHARACTERISTICS OF THE STRUCTURE OF THE RIGHT TO EMPLOYMENT AS A SUBJECTIVE RIGHT

Abstract

The article analyses the relationship between the right to work and the right to employment, which manifests itself in their unity, interaction and differences. It concludes that despite the close interconnection between these rights, the right to employment is an independent subjective right of an individual, which is broader than the right to work, since, in addition to performing work activities, it covers other types of activities that are not prohibited by law. Individual elements of the structure of the right to employment as an independent subjective right are identified and analysed. It is argued that the structure of the subjective right to employment includes certain possibilities (powers) of a person. It is in this sense that the following powers of a person are identified in the structure of the subjective right to employment: firstly, the right to one’s own actions, which implies the right to freely chosen employment, free choice of place, type of activity and occupation; secondly, the right to the actions of others, namely the actions of the obligated entity; thirdly, the right to seek protection of the right to employment in case of its violation. It is noted that the right to one’s own actions is related to the right of a person to freely choose a particular type of activity that is not prohibited by law. The right to the actions of others in the structure of the right to employment corresponds to the specific obligations of the obligated parties, as provided for by the laws of Ukraine and a number of subordinate regulatory legal acts. In the event of a violation of the right to employment, it is necessary to enshrine in law the right of individuals to file a complaint with the central executive body responsible for implementing state policy in the field of supervision and control over compliance with labour legislation, and/or with the courts.